United States v. Sergio Rodriguez

MEMORANDUM

Sergio Rodriguez appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rodriguez contends that the 41-month sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Rodriguez’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence at the top of the advisory Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Rodriguez’s extensive criminal and immigration history. See id.; see also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir.2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.